Phigenix v. ImmunoGen
The Patent Trial and Appeal Board (PTAB) recently ruled in favor of ImmunoGen, Inc., denying Phigenix, Inc.'s petition that the claims of an ImmunoGen patent covering its breast cancer treatment, Kadcyla, were unpatentable. Kadcyla treats metastatic breast cancer with an immunoconjugate comprising an antibody and toxin.
An Analysis Group team led by Managing Principal John Jarosz was retained by counsel on behalf of ImmunoGen to conduct an assessment of the commercial success of Kadcyla. Analysis Group evaluated the absolute and relative marketplace success of Kadcyla and the causal nexus between the marketplace success of the drug and the claimed advantages of the patent. In its decision, the PTAB cited Mr. Jarosz's expert testimony and analysis, which drew on revenue and prescription data, as well as marketing and promotional efforts, to provide evidence of the commercial success of Kadcyla.